Judgment Search Results Home > Cases Phrase: export import bank of india act 1981 preamble 1 the export import bank of india act 1981 Court: customs excise and service tax appellate tribunal cestat mumbai Page 1 of about 4 results (0.199 seconds)

Siddharth Polymers Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2000)(122)ELT692Tri(Mum.)bai

..... in the dgft circular, some nexus were established in the colour of the export marble and the colour of the import marble.the circular suggests that white against white and coloured against coloured should be permitted without going into specific colour co-relation ..... since the export documents indicate a higher quantity of marbles without colour, it is clear that there would be no doubt about the importability of the white marbles under the produced licence ..... on examination of the licence, previous exports and various circulars, we are convinced that the transferred licence was capable of covering the goods and therefore, the findings of the commissioner as to the liability to confiscation under ..... it is his further findings that the benefit of the dgft circular would apply only where the exports had been made and where the issue of licence was pending as on ..... submitted that the dgft's instructions as adopted in the circular issued by the directorate of draw back would show that the consignment was importable under the produced licence. ..... came to this conclusion on detailed analysis of the circulars rendered by the importers claiming that the licence would cover the disputed imports. ..... in the preamble, he has clearly mentioned that the column was left blank in the case of 2 out of 3 bs/e ..... 111(m) of the act as also of the entire consignment under sec.111(d) and 111(m) of the act for having been imported without valid licence ..... 111(m) of the act is set aside ..... (d) of the act. ..... 111(d) of the act. .....

Collector of Customs Vs. Hargovindas and Co.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (1987)(29)ELT975Tri(Mum.)bai

..... both the imports (control) order as well as the import policy were under the imports and exports (control) act.while the imports (control) order was a piece of delegated legislation and hence had statutory force, the policy was an administrative decision which was liable to undergo changes time to time. ..... in this view the fact that the earlier practice of the policy to include shopping list had been done away with or that the preamble to the policy contained the intention of the govt. ..... of india in tentatively holding that the board's decision was not proper, legal or correct were that the ratio of the supreme court's decision in the case of healthways dairy products would not apply as the imports (control) order had assigned specific meaning to milk powder. ..... of india issued a notice under old section 131(3) of the customs act proposing review of the aforesaid order of the board and restoration of the collector's order dated 15.2.79 vide the notice f.no.374/3/81-cus.ii dated 24.1.81. m/s. k ..... of india, the interpretation of any item for the import trade control purpose is available statutorily only ..... the advocate also referred to the ruling of the supreme court in the case health-ways dairy products v.union of india (air 1976 sc 2221) where the supreme court drew a line of distinction between 'condensed milk' and 'condensed skimmed milk'.to quote the supreme court. ..... it happens that the lower authority may have taken a particular view which the government of india found was not correct .....

Enjay Hotels P. Ltd. Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (1998)LC297Tri(Mum.)bai

..... the appellant comes in the purview of service provider under paragraph 36a of the policy as a person providing supply of service from india to the service consumer of any other country in india, the main purpose of the establishing 5 star hotel is to attract the international customers by providing attractive affixures in the building and to earn the free convertible foreign exchange benefit as an obligation for having obtained the licence for the import of the ..... legitimate, and indeed required, to construe the term occurring in the notification in the context of the policy.i am therefore of the view that the goods in question are covered by the notification and no duty was therefore payable on it..in view of the difference of opinion between the two members, the following question as referred for decision by a third member to be nominated by the president: "do marble slabs imported by the appellant come within the term "plant" as specified in the explanation to notification 110 of 95. ..... the notification refers to export and import policy from 1-4-1992 to 31-3-1997 revised in march, 1995 duly published by the government of india and ministry of commerce and the dgft with the licence authority for the ..... the theme of that act has not been demonstratively shown to be similar to the same as the preamble to the customs act ..... in view of the judgment of the supreme court in sheshank sea foods' case, the decision of the bombay high court made in lokas chemical works case 1981 (8) e.l.t. .....

Tonira Pharma Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... of finance (department of revenue), from the whole of the additional duty leviable thereon under section 9a of the said customs tariff act.32.2 it is, therefore, clear that the ..... 25 of the customs act, 1962 (52 of 1962), the central government, being satisfied that it is necessary in the public interest so to do, hereby exempts all goods falling under the first schedule to the customs tariff act, 1975 (51 of 1975), when imported into india by a hundred percent export oriented unit or a unit working in a free trade zone and when such goods are wholly exempted from the ditty of customs specified in the said first schedule to the customs tariff act, 1975 (51 of 1975) by virtue of any notification of the government of india in the department of revenue and banking or in the ministry ..... according to the preamble to the valuation agreement the parties recognize "that valuation procedure should not be used to combat dumping. .....

Ramachandra Art Silk Yarn Trading Vs. Cc (imports)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2006)(104)ECC119

..... been imported from brazil have been compared with goods of chinese origin, that is, goods from two different countries have been compared, which is not permissible in law in the light of the tribunal's order in the case of commercial corporation and kundan rice mills .the value declared by the appellants is also not unrealistic as seen from the fact that the appellants themselves imported the same goods in january 2004 page 123 (prior to the present import, which took place in march-april 2004) at the same ..... vide their impugned orders, the authorities below have raised the value of the imported viscose rayon filament yarn 120 denier from us $ 2550 pmt to us $ 3380 pmt (cif), in terms of the provisions of section 14(1) of the customs act 1962 read with rule 8 of the customs of valuation (determination of price of imported goods) rules 1988.2. ..... the preamble to the acv recognizes that the basis of valuation should be the transaction value to the greatest extent possible. ..... no estimate price of the yarn can be adopted on the sole ground that the same are being exported at a higher price from china and, as such the yarn exported from brazil should also attract higher price especially when no doubt has been created in respect of the transaction value and no evidence has been produced to reject the same. ..... customs valuation rules in india are based on the wto agreement on customs valuation (acv) to which india is a signatory. .....

Liberty Oil Mills Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (1986)LC654Tri(Mum.)bai

..... the learned advocate for the appellants has argued that this prohibition should be interpreted to mean prohibition under other laws and not under the imports and exports (control) act or the imports (control) order, 1955. ..... the petitioners before the high court had imported animal tallow on the basis of licences issued to them earlier to the date of the public notice dated 5-6-1981. ..... by issue of a public notice dated 5-6-1981 the government canalised the import of animal tallow through the state trading corporation. ..... the advocate pointed out that the preamble to this order was wrong as it advised an appeal against it to the central board of customs and excise instead of an application to the government of india under old section 131c(c). ..... 20,09,461/- c.i.f.this import was made under bill of entry dated 20-2-1981 and was under the policy for the year 1980-81. ..... s/10-58/81/a, dated 24-4-1981 of the collector of customs, bombay, under which he exercised the power under old section 130 of the customs act and reviewed the order of the assistant collector of customs group 'a' allowing clearance of copra valued at rs. ..... the punjab and haryana high court was dealing with the interpretations of these provisions which appeared as para 222 (3) of the policy 1981-82. ..... but the collector did not accept the explanation offered and passed the impugned order dated 24-4-1981. ..... 24 of appendix 10 in the policy for the year 1981-82. ..... 2368/818, dated 20-2-1981 per s.s. .....

Shri Vijay Hemandas Java Vs. Cc (Airport)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2005)(192)ELT976Tri(Mum.)bai

..... despite finding, on facts, on the above issues in the appellant's favour, the commissioner (appeals) upheld the confiscation of the foreign currency seized from the appellant, on an involved interpretation of regulation 7(4) of the foreign exchange management (export and import of currency) regulations, 2000 [hereinafter referred to as "the fem (e&i) regulations"], which reads as under : "any person resident outside india may take out of india unspent foreign exchange not exceeding the amount brought in by him and declared in accordance with the proviso to clause (b) of regulation 6, on his arrival in india. ..... though the preamble of the impugned order-in-appeal relates that it is amenable to revision by the joint secretary (revisions), department of revenue, the appellant has rightly contended, in the appeal, that, as the case relates to confiscation of currency, and "currency" is distinct from "baggage" under the customs act, 1962, the case at hand could not be treated as one relating to baggage, so as to oust the jurisdiction of this tribunal in respect thereof. ..... it was further held that the test for determining whether the act of the accused person constituted an attempt or preparation is whether the overt acts already done are such that if the offender changes his mind and does not proceed further in its progress, the acts already done would be completely harmless. .....

JaIn Exports Pvt. Ltd. Vs. Collector of Customs and Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (1987)(11)LC545Tri(Mum.)bai

..... the delhi high court has also made observations in this behalf particularly regarding the government of india's order dated 31.3.1981 under old section 131 of the customs act and these are material to consider that the imports are ..... but the appellants chose to approach the north regional bench of the tribunal in pursuance of the hon'ble high court's order rather than this bench of the tribunal, in spite of the clear advice contained in the preamble to the collector's ..... jain exports private limited before us was that the high court was fully conscious of the fact that the importers had not, during the pendency of the proceedings before the high court, challenged the two orders-in-original passed by the collector, by appeal before the tribunal ..... the tribunal may take into consideration incidental expenses such as licence premium, import duty, bank charges, customs clearance charges, transport charges from the port to the factory, octroi charges, interest charges on the capital blocked as well as the shortage of 1/2% for which no insurance claim is ..... was also urged that the appellant had to pay huge storage charges, and also interest to the banks the time gap making deliveries of the goods to the actual using because of the penal proceedings. ..... the fact of clearance of the goods would prove that even after paying the fines, the importers have made profit.the appellants' submissions reveal that the appellants had to borrow money from the banks to pay the bo called huge amounts of .....

Tisco Vs. Commissioner of Customs and

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2006)(112)ECC15

..... as per rule 2(f) of the valuation rules, "transaction value" means the value determined in accordance with rule 4 of these rules", rule 4 provides that the transaction value of imported goods shall be the price 'actually paid or payable for the goods when sold for export to india, adjusted in accordance with the provisions of rule 9'. 15. ..... this would appear from not only the aforesaid letter dated 14^th april 1996 of eh but also from the preamble of the sale contract dated 11^th october 1989 as well as the order of the commissioner dated 3^rd april 1996 (page 50 of the order, last 3 lines, at p.586 of appellant's paper book-volume ii). ..... the bank guarantee furnished by the appellant shall be kept alive and the amount deposited shall also continue to remain in deposit till the date of decision by the tribunal whereafter the bank guarantee and the deposit shall be dealt with consistently with the order of the tribunal. 20. ..... . it is submitted that to this extent, the supreme court upheld the adjudication order dated april 3, 1996 of the commissioner, wherein the commissioner had held that since the goods were undervalued and misdeclared, for the reasons stated in the said adjudication order, they were liable to confiscation under section 111(m) and (d) of the customs act, 1962(at page 601 of appellant's paper book-volume ii) ..... . sn had, therefore, to cancel its investment plan and sell the equipments and materials lying unused from 1981 to 1986 ..... . (i) some time in 1981, m/s .....